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DECISION

Authorizing the management board of Lao Bao special trade-economic zone, Quang Tri province, to formulate projects; receive and consider project dossiers; grant, adjust and withdraw investment licenses and manage operation of foreign direct investment projects in Lao Bao special trade-economic zone

THE MINISTER OF PLANNING AND INVESTMENT

Pursuant to the November 12, 1996 Law on Foreign Investment in Vietnam and the 2000 Law Amending a Number of Articles of the Law on Foreign Investment in Vietnam;

Pursuant to the Government's Decree No. 24/2000/ND-CP of July 31, 2000, detailing the implementation of the Law on Foreign Investment in Vietnam, and Decree No. 27/2003/ND-CP of March 19, 2003, amending and supplementing a number of articles of the Government's Decree No. 24/2000/ND-CP;

Pursuant to the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks promulgated together with the Government's Decree No. 36/CP of April 24, 1997;

Pursuant to the Government's Decree No. 61/2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Prime Minister's Decision No. 233/1998/QD-TTg of December 1, 1998, authorizing the licensing of foreign direct investment projects;

Pursuant to the Prime Minister's Decision No. 189/1999/QD-TTg of September 20, 1999, approving orientations for the master plan on construction of Lao Bao Special Trade-Economic Zone, Quang Tri province, up to 2020;

Pursuant to the Prime Minister's Decision No. 11/2005/QD-TTg of January 12, 2005, promulgating the Operation Regulation of Lao Bao Special Trade-Economic Zone, Quang Tri province;

Pursuant to the Prime Minister's Decision No. 130/2005/QD-TTg of June 2, 2005, establishing the Management Board of Lao Bao Special Trade-Economic Zone, Quang Tri province;

At the proposal of the People's Committee of Quang Tri province in Official Letter No. 740/UBND-TM of April 7, 2006,

DECIDES:

Article 1.-

1. The Management Board of Lao Bao Special Trade-Economic Zone (hereinafter referred to as the Management Board) shall act as the key agency guiding investors to make investment in Lao Bao Special Trade-Economic Zone, Quang Tri province, and operate under the Operation Regulation of Lao Bao Special Trade-Economic Zone, Quang Tri province, promulgated together with the Prime Minister's Decision No. 11/2005/QD-TTg of January 12, 2005; the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks promulgated together with the Government's Decree No. 36/CP of April 24, 1997, and the provisions of law on foreign investment.

2. To authorize the Management Board to receive and consider project dossiers; grant, adjust and withdraw investment licenses; and manage the operation of foreign direct investment projects in Lao Bao Special Trade-Economic Zone provided for in this Decision.

Article 2.- The Management Board shall consider and grant investment licenses to foreign direct investment projects in Lao Bao Special Trade-Economic Zone which are approved according to the procedures for registration for investment licensing in accordance with the provisions of this Decision.

Article 3.-

1. Foreign direct investment projects in Lao Bao Special Trade-Economic Zone which are approved according to the procedures for registration for investment licensing and which the Management Board is authorized to license must simultaneously meet the following conditions:

a/ Conforming with the master plan and the Operation Regulation of Lao Bao Special Trade-Economic Zone approved by competent authorities;

b/ Being other than group-A projects specified in Clause 1, Article 114 of the Government’s Decree No. 24/2000/ND-CP of July 31, 2000, which was amended and supplemented in Clause 26, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003;

c/ Being outside the domains where the investment licensing powers are not decentralized as specified in Clause 2, Article 115 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which was supplemented in Clause 27, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003;

d/ Being outside the list of domains subject to conditional investment issued together with the Government's Decree No. 24/2000/ND-CP of July 31, 2000, and Decree No. 27/2003/ND-CP of March 19, 2003;

e/ Being projects in the industrial or industrial service domain or group-B projects which fall under the deciding competence of the Ministry of Planning and Investment prescribed in Clause 2, Article 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, and are capitalized at up to USD 40 million.

2. Project dossiers of registration for investment licensing shall be prepared according to Clauses 1 and 2, Article 106 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which were amended and supplemented in Clause 23, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003. Applications for investment licensing registration shall be made according to Form 1 and attachments shall be made according to Forms 2.b, 3.b, 3.c and 4.b in Appendix II to the Planning and Investment Ministry's Circular No. 12/2000/TT-BKH of September 15, 2000, guiding foreign investment activities in Vietnam.

For investment projects on the list of projects for which environmental impact assessment reports are required, investors shall comply with the Science, Technology and Environment Ministry's Circular No. 490/1998/TT-BKHCNMT of April 29, 1998, guiding the making and appraisal of environmental impact assessment reports for investment projects, and shall enclose the reports with project dossiers of registration for investment licensing.

3. The Management Board shall grant investment licenses to investors when their dossiers of registration for investment licensing meet all the conditions and formalities prescribed in Clauses 1 and 2 of this Article.

4. Within 15 working days after receiving valid dossiers, excluding the time for investors to adjust and supplement their dossiers as requested by the Management Board, the Management Board shall grant investment licenses to eligible projects.

All requests of the Management Board for investors to adjust or supplement their dossiers of registration for the grant of investment licenses or adjusted investment licenses shall be made within 7 working days from the date of receiving the dossiers.

5. For group-B projects not yet included in the approved sectoral development master plan or product development plan, before deciding to grant investment licenses, the Management Board shall have to send the project summaries to the Ministry of Planning and Investment and consult relevant ministries and branches on issues under their competence.

The ministries and branches consulted on the projects, including the case of adjustment of investment licenses, shall have to reply in writing within 10 working days after receiving the project dossiers. Past this time limit, if the ministries and branches give no written reply, they shall be regarded as having accepted the projects.

Article 4.-

1. Investment licenses shall be made according to the form guided by the Ministry of Planning and Investment.

2. Within 7 working days after granting investment licenses or adjusted investment licenses, the Management Board shall send investment licenses or adjusted investment licenses to the Ministry of Planning and Investment and the People's Committee of Quang Tri province (the originals) and the Ministry of Finance, the Ministry of Trade, ministries in charge of econo-technical branches and concerned state management agencies (the copies).

Article 5.- For projects which the Management Board is not authorized to license, after receiving the project dossiers, the Management Board shall keep a set of dossier (the copy) and send the rest of dossier sets enclosed with its opinions on the projects to the Ministry of Planning and Investment for registration for investment licensing according to Articles 105 and 106 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which were amended and supplemented in Clauses 22 and 23, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003, or for appraisal for licensing according to Articles 109 and 114 of the Government's Decree No. 24/2000/ND-CP of July 31, 2000, which were amended and supplemented in Clause 26, Article 1 of the Government's Decree No. 27/2003/ND-CP of March 19, 2003.

Article 6.-

1. The Management Board shall guide investors to carry out their projects and manage activities in Lao Bao Special Trade-Economic Zone according to the Operation Regulation of Lao Bao Special Trade-Economic Zone, Quang Tri province, promulgated together with the Prime Minister's Decision No. 11/2005/QD-TTg of January 12, 2005; the Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks promulgated together with the Government's Decree No. 36/CP of April 24, 1997; and the provisions of law on foreign investment.

2. The Management Board may adjust investment licenses for investment projects it has granted according to authorization within the limit of capital level authorized. The adjustment of investment licenses shall comply with Articles 15, 16, 17, 18 and 19 of the Planning and Investment Ministry's Circular No. 12/2000/TT-BKH of September 15, 2000, guiding foreign investment activities in Vietnam.

3. Cases to be decided by the Management Board with the consent of the Ministry of Planning and Investment:

a/ Due to adjustment of the investment license, the project goes beyond the licensing authority defined in Clause 1, Article 3 of this Decision, but still belongs to group B of projects under the deciding competence of the Ministry of Planning and Investment; change or addition of objectives of projects on the List of projects in conditional investment domains;

b/ Reduction of the Vietnamese party's legal capital share in joint ventures, or conversion from joint venture to 100% foreign-owned investment;

c/ Dissolution of foreign-invested enterprises or termination of business cooperation contracts ahead of time.

4. In case the project will become a group-A project due to adjustment of its investment license, the Prime Minister's written approval shall be required prior to the adjustment.

5. The Management Board shall decide on the dissolution of enterprises and withdrawal of investment licenses according to current regulations.

Article 7.- Quarterly, biannually and annually, the Management Board shall review the licensing, adjustment of investment licenses and operation of enterprises in Lao Bao Special Trade-Economic Zone within the scope of its management power and send the review reports to the Ministry of Planning and Investment and the People's Committee of Quang Tri province.

Article 8.- The Ministry of Planning and Investment shall create favorable conditions for and supervise the Management Board in performing its authorized tasks according to regulations, and to take responsibility before law and the Government for the authorization provided for in this Decision.

Article 9.- This Decision takes effect 15 (fifteen) days after its publication in "CONG BAO" and replaces the Planning and Investment Minister's Decision No. 812/2005/QD-BKH of August 22, 2005, authorizing the Management Board of Lao Bao Special Trade-Economic Zone, Quang Tri province, to formulate, receive and appraise project dossiers; grant, adjust and withdraw investment licenses and manage the operation of foreign-invested projects in industrial parks and export-processing zones in Lao Bao Special Trade-Economic Zone.